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Home » Cases Under Administrative Hearing » 09-003966CON

09-003966CON Shands Teaching Hospital And Clinics, Inc., D/B/A Shands Rehab Hospital vs. Agency For Health Care Administration And Healthsouth Rehabilitation Hospital Of Ocala, Llc
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 17, 2010.

View Dockets  

1STATE OF FLORIDA FILED

5DIVISION OF ADMINISTRATIVE HEARINGS ArE IVCY A1CA CLERK

13SHANDS TEACHING HOSPITAL AND 2010 MAY l A 8 28

23CLINICS INC d b a SHANDS

29REHAB HOSPITAL

31Petitioner DOAH CASE NO 09 3966CON

37AHCA CASE NO 2009008293

41Vs CON NO 10048

45STATE OF FLORIDA AGENCY FOR

50HEALTH CARE ADMINISTRATION

53and HEALTHSOUTH REHABILITATION

56HOSPITAL OF OCALA LLC

60Respondents

61LEESBURG REGIONAL MEDICAL

64CENTER INC

66Petitioner DOAH CASE NO 09 3967CON

72AHCA CASE NO 2009008291

76Vs CON NO 10048

80STATE OF FLORIDA AGENCY FOR

85HEALTH CARE ADMINISTRATION

88and HEALTHSOUTH REHABILITATION

91HOSPITAL OF OCALA LLC

95Respondents

96FINAL ORDER

98THIS CAUSE comes before the AGENCY FOR HEALTH CARE

107ADMINISTRATION the Agency concerning Certificate of Need CON

115Application No 10048 which was filed by SHANDS TEACH HOSPITAL AND

126CLINICS INC d b a SHANDS REHAB HOSPITAL hereinafter Shands

136LEESBURG REGIONAL MEDICAL CENTER INC hereinafter Leesburg and

144HEALTHSOUTH REHABILITAITON HOSPITAL OF OCALA LLC hereinafter

151HealthSouth in the First Batching Cycle of 2009 request a CON to establish

164a comprehensive medical rehabilitation hospital The Agency preliminarily

172approved HealthSouth Rehabilitation Hospital of Ocala LLC application for

181CON 10048 thus denying the applications of Shands and Leesburg Cycle of

1932009

194Thereafter Shands and Leesburg timely filed Petitions for Formal

203Administrative Hearing with respect to the preliminary approval of

212HEALTHSOUTH S application which the Agency Clerk forwarded to the

222Division of Administrative Hearings DOAH

227On March 16 2010 HealthSouth filed a Notice of Voluntary Dismissal

238withdrawing its CON application The Notice of Voluntary Dismissal is

248attached hereto as Exhibit A

253On March 17 2010 DOAH issued an Order Closing Files as a result of

267the voluntary dismissal

270It is therefore ORDERED and ADJUDGED

2761 The voluntary dismissal by HealthSouth and the withdrawal of its

287CON application are hereby acknowledged and accepted

2942 The above styled cases are hereby closed

302DONE and ORDERED this day of Q 2010

310in Tallahassee Florida

313A

314THOMAS W ARNOLD Secretary

318AGENCY FOR HEALTH CARE ADMINISTRATION

323NOTICE OF RIGHT TO JUDICIAL REVIEW

329A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS

340ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY

349FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK

359OF AHCA AND A COPY ALONG WITH THE FILING FEE PRESCRIBED

370BY LAW WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE

381DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR

389WHERE A PARTY RESIDES REVIEW PROCEEDINGS SHALL BE

397CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE

404RULES THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF

416THE RENDITION OF THE ORDER TO BE REVIEWED

424CERTIFICATE OF SERVICE

427I HEREBY CERTIFY that a true and correct copy of the foregoing

439Final Order has been furnished by U S or interoffice mail to the persons

453named below on this day of 4 20

461RICHARD J SHOOP Ate lerk

466Agency for Health Care Administration

4712727 Mahan Drive Mail Stop 3

477Tallahassee Florida 32308

480850 36YE30 412

483COPIES FURNISHED TO

486Charles A Stampelos

489Administrative Law Judge

492Division of Administrative Hearings

496The DeSoto Building

4991230 Apalachee Parkway

502Tallahassee Florida 32399 3060

506Mark A Emanuele Esquire

510Deborah S Platz Esquire

514Panza Maurer Maynard P A

519Bank of America Building Third Floor

5253600 North Federal Highway

529Fort Lauderdale Florida 33308 6225

534Counsel for HealthSouth Rehabilitation Hospital of Ocala LLC

542Paul H Amundsen Esquire

546Susan L St John Esquire

551Julia E Smith Esquire

555Amundsen Smith P A

559502 East Park Avenue

563Post Office Drawer 1759

567Tallahassee Florida 32302

570Counsel for Leesburg Regional Medical Center

576F Philip Blank Esquire

580Blank Meenan P A

584204 South Monroe Street

588Tallahassee Florida 32301

591Counsel for Shands Teaching Hospital and Clinics Inc d b a Shands Rehab

604Hospital

605Richard Joseph Saliba Esquire

609Assistant General Counsel

612Agency for Health Care Administration

6172727 Mahan Drive Building 3 MS 3

624Tallahassee Florida 32308

627Interoffice Mail

629Janice Mills

631Facilities Intake

633Agency for Health Care Administration

6382727 Mahan Drive Building 3 MS 3

645Tallahassee Florida 32308

648Interoffice Mail

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 05/07/2010
Proceedings: Agency Final Order
PDF:
Date: 05/07/2010
Proceedings: Agency Final Order filed.
PDF:
Date: 03/17/2010
Proceedings: Order Closing Files. CASE CLOSED.
PDF:
Date: 03/16/2010
Proceedings: Notice of Voluntary Dismissal filed.
PDF:
Date: 03/15/2010
Proceedings: Leesburg Regional Medical Center, Inc.'s Corrected Notice of Unavailability (filed in Case No. 09-003967CON).
PDF:
Date: 03/15/2010
Proceedings: Leesburg Regional Medical Center, Inc.'s Notice of Unavailability (filed in Case No. 09-003967CON).
PDF:
Date: 03/11/2010
Proceedings: Respondent HealthSouth Rehabilitation Hospital of Ocala, LLC's Notice of Objection, or in the Alternative, Motion for Protective Order with Regard to Shands Teaching Hospital and Clinics, Inc. d/b/a Shands Rehab Hospital Corporate Notice of Deposition (Rule 1.310(b)(6)) Bearing Certificate of Service Dated March 4, 2010 filed.
PDF:
Date: 03/09/2010
Proceedings: Respondent Healthsouth Rehabilitation Hospital of Ocala, LLC's Notice of Unavailability filed.
PDF:
Date: 03/05/2010
Proceedings: HealthSouth-Ocala's Response to Shands' and LRMC's Memorandum of Law Regarding Shands' Request For Production of Documents to HealthSouth Item Number 11 filed.
PDF:
Date: 03/05/2010
Proceedings: Shands' and LRMC's Reply to HealthSouth-Ocala's Memorandum of Law in Response to the February 19, 2010 Order Regarding Data Use Agreement filed.
PDF:
Date: 03/04/2010
Proceedings: Notice of Taking Rule 1.310(b)(6) Deposition and Request for Production of Documents filed.
PDF:
Date: 03/04/2010
Proceedings: Notice of Taking Depositions filed.
PDF:
Date: 03/04/2010
Proceedings: Second Amended Notice of Hearing filed.
PDF:
Date: 03/03/2010
Proceedings: Shands' Notice of Unavailability filed.
PDF:
Date: 03/02/2010
Proceedings: Respondent HealthSouth Rehabilitation Hospital of Ocala, LLC's Memorandum of Law in Response to Court's February 19, 2010 Order Regarding Data Use Agreement filed.
PDF:
Date: 03/02/2010
Proceedings: Notice of Filing (Trial Testimony of Edwart Stall and Carl Denney, Sample Data Use Ageeement, Exhibit 53, and Correspondence between Health Info Technics and CMS, Exhibit 53C filed.
PDF:
Date: 03/02/2010
Proceedings: Shands' and LRMC's Memorandum of Law Regarding Shands' Request for Production of Documents to HealthSouth-Ocala Item Number 11 - Part 1 filed.
PDF:
Date: 02/24/2010
Proceedings: Order Granting Extension of Time (memoranda of law to be filed by March 2, 2010).
PDF:
Date: 02/23/2010
Proceedings: Respondent HealthSouth Rehabilitation Hospital of Ocala, LLC's Motion for Extension of Time Until March 2, 2010 to File Memorandum of Law and Comply with Order Dated February 19, 2010 filed.
PDF:
Date: 02/22/2010
Proceedings: Amended Notice of Hearing filed.
PDF:
Date: 02/19/2010
Proceedings: Order.
PDF:
Date: 02/17/2010
Proceedings: Notice of Hearing filed.
PDF:
Date: 02/17/2010
Proceedings: Respondent HealthSouth Rehabilitation Hospital of Ocala, LLC's Response to Shands' Motion to Compel filed.
PDF:
Date: 02/09/2010
Proceedings: Shands' Motion to Compel Production of Documents from HealthSouth Rehabilitation Hospital of Ocala, LLC, and for Other Relief filed.
PDF:
Date: 02/03/2010
Proceedings: Respondent, HealthSouth Rehabilitation Hospital of Ocala, LLC's Memorandum of Law in Response to Court's February 19, 2010 Order Regarding Data use Agreement filed.
PDF:
Date: 01/15/2010
Proceedings: Shands' Notice of Unavailability filed.
PDF:
Date: 01/08/2010
Proceedings: Amended Order of Pre-Hearing Instructions.
PDF:
Date: 01/07/2010
Proceedings: Proposed Joint Amended Order of Pre Hearing Instructions filed.
PDF:
Date: 01/07/2010
Proceedings: Notice of Filing Proposed Joint Amended Order of Pre-hearing Instructions filed.
PDF:
Date: 01/05/2010
Proceedings: Respondent Healthsouth Rehabilitation Hospital of Ocala, LLC's Notice of Unavailability filed.
PDF:
Date: 12/11/2009
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for July 13 through 16, 19 through 23 and 26 through 30, 2010; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 12/11/2009
Proceedings: Joint Response to HealthSouth Rehabilitation Hospital of Ocala, LLC's Motion to Reset Final Hearing Dates filed.
PDF:
Date: 12/10/2009
Proceedings: Respondent HealthSouth Rehabilitation Hospital of Ocala, LLC's Motion to Reset Final Hearing Dates filed.
PDF:
Date: 11/24/2009
Proceedings: HealthSouth Rehabilitation Hospital of Ocala, LLC's Response to First Request for Production of Documents of Shands Teaching Hospital and Clinics, Inc., d/b/a Shands Rehab Hospital filed.
PDF:
Date: 11/24/2009
Proceedings: HealthSouth Rehabilitation Hospital of Ocala, LLC's Final Witness List filed.
PDF:
Date: 11/23/2009
Proceedings: Shands' Response to HealthSouth Rehabilitation Hospital of Ocala, LLC's First Request for Production of Documents filed.
PDF:
Date: 11/23/2009
Proceedings: Shands' Final Witness List filed.
PDF:
Date: 11/23/2009
Proceedings: Leesburg Regional Medical Center, Inc.'s Final Witness List filed.
PDF:
Date: 11/23/2009
Proceedings: Leesburg Regional Medical Center, Inc.'s, Response to HealthSouth Rehabilitation Hospital of Ocala, LLC's Second Request for Production of Documents to Leesburg Regional Medical Center, Inc. filed.
PDF:
Date: 11/23/2009
Proceedings: Leesburg Regional Medical Center, Inc.'s, Response to HealthSouth Rehabilitation Hospital of Ocala, LLC's First Request for Production of Documents to Leesburg Regional Medical Center, Inc. filed.
PDF:
Date: 10/14/2009
Proceedings: Shands' Preliminary Witness List filed.
PDF:
Date: 10/14/2009
Proceedings: HealthSouth Rehabilitation Hospital of Ocala, LLC Preliminary Witness List filed.
PDF:
Date: 10/14/2009
Proceedings: Leesburg Regional Medical Center, Inc.'s Preliminary Witness List filed.
PDF:
Date: 10/12/2009
Proceedings: The Agency for Health Care Administration's Preliminary and Final Witness List filed.
PDF:
Date: 10/07/2009
Proceedings: Confidentiality Order.
PDF:
Date: 10/06/2009
Proceedings: Petitioners Shands' and LRMC's and Respondent HealthSouth-Ocala's Joint Motion for Entry of Confidentiality Order filed.
PDF:
Date: 09/29/2009
Proceedings: Notice of Appearance (filed by D. Platz).
PDF:
Date: 09/24/2009
Proceedings: HealthSouth Rehabilitation Hospital of Ocala, LLC Second Request for Production of Documents to Leesburg Regional Medical Center, Inc. filed.
PDF:
Date: 09/24/2009
Proceedings: HealthSouth Rehabilitation Hospital of Ocala, LLC First Request for Production of Documents to Leesburg Regional Medical Center, Inc. filed.
PDF:
Date: 09/22/2009
Proceedings: HealthSouth Rehabilittaion Hospital of Ocala, LLC's First Request for Production of Documents to Shands Teaching Hospital and Clinics, Inc., d/b/a Shands Rehab Hospital filed.
PDF:
Date: 09/22/2009
Proceedings: Shands' First Request for Production of Documents to HealthSouth Rehabilitation Hospital of Ocala, LLC filed.
PDF:
Date: 09/16/2009
Proceedings: Leesburg Regional Medical Center, Inc.'s, Notice of Unavailability.
PDF:
Date: 09/16/2009
Proceedings: Notice of Appearance (Susan St. John).
PDF:
Date: 09/15/2009
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/15/2009
Proceedings: (Proposed) Order of Proposed Pre-hearing Instructions filed.
PDF:
Date: 09/15/2009
Proceedings: Notice of the Parties' Proposed Order of Pre-hearing Instructions filed.
PDF:
Date: 09/10/2009
Proceedings: Notice of Unavailability filed.
PDF:
Date: 08/25/2009
Proceedings: Order (on or before September 14, 2009, parties shall file a joint porposed order of pre-hearing instructions).
PDF:
Date: 08/25/2009
Proceedings: Notice of Hearing (hearing set for April 6 through 9, 12 through 16, 19 through 23 and 26 through 30, 2010; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 08/24/2009
Proceedings: HealthSouth/AHCA's Response to Initial Order filed.
PDF:
Date: 08/24/2009
Proceedings: Shands' and LRMC's Joint Response to Initial Order filed.
PDF:
Date: 07/30/2009
Proceedings: Order Granting Extension of Time (respone to Initial Order to be filed by August 24, 2009).
PDF:
Date: 07/29/2009
Proceedings: Respondent HealthSouth's Motion for Twenty (20) Day Enlargement of Time to Respond to Initial Order filed.
PDF:
Date: 07/29/2009
Proceedings: Notice of Appearance (filed by M. Emanuele).
PDF:
Date: 07/28/2009
Proceedings: Order of Consolidation (DOAH Case Nos. 09-3966CON and 09-3967CON).
PDF:
Date: 07/24/2009
Proceedings: Initial Order.
PDF:
Date: 07/24/2009
Proceedings: Notice (of Agency referral) filed.
PDF:
Date: 07/24/2009
Proceedings: Petition for Formal Administrative Hearing filed.
PDF:
Date: 07/24/2009
Proceedings: Decision on Batch Applications filed.

Case Information

Judge:
CHARLES A. STAMPELOS
Date Filed:
07/24/2009
Date Assignment:
07/24/2009
Last Docket Entry:
05/07/2010
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
CON
 

Counsels